Winneshiek County Board of Supervisors plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the National Pollutant Discharge Elimination System (NPDES) General Permit No. 2 Storm Water Discharge Associated With Industrial Activity for Construction Activities.

The storm water discharge will be from Excavation and Site Grading located in SE ¼ of Section 23, T100N-R9W Winneshiek County.

Storm water will be discharged from one point source and will be discharged to the following streams: unnamed ditches to Silver Creek.

Comments may be submitted to the Storm Water Discharge Coordinator, IOWA DEPARTMENT OF NATURAL RESOURCES, Environmental Protection Division, 502 E 9th Street, Des Moines, IA 50319-0034. The public may review the Notice of Intent from 8:00 a. m. to 4:30 p. m., Monday through Friday at the above address after is has been received by the Department.

Decorah (Iowa) Public Opinion March 12, 2019



WHEREAS, the City Council of the City of Decorah wishes to amend the City Code to address permitting requirements for tree contractors.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Decorah, Iowa, as follows:

1. That Chapter 12.40, of the Municipal Code of the City of Decorah, Iowa, is hereby amended by deleting said Chapter in its entirety and adopting in lieu thereof the following:

Chapter 12.40 -TREES AND SHRUBBERY Sections:


This chapter shall be known and may be cited as the city tree ordinance.

12.40.020 -City forester.

The council shall designate a city forester. The city forester shall have jurisdiction over all trees within city limits in order to provide orderly tree planting, to protect the health of all trees from disease and to require trees and plantings to be maintained in a manner that enhances public safety.

12.40.030 -Forester — Duties.

A. The city forester shall have the authority and duty to prevent the indiscriminate

pruning or removal of trees or plants within the right-of-way of city streets.

B. The city forester shall have the authority to regulate new planting of trees or other plantings in the right-of-way of city streets in accordance with street tree planting regulations approved by the council and filed in the office of the city clerk-treasurer.

C. The city forester shall have authority to require private persons to comply with duties placed upon them by this chapter.

D. Property owners, for proposed improvements requiring site plan approval, shall have the trees and other plantings that are proposed as part of the site plan process reviewed by the city forester. The comments of the city forester shall be forwarded to the planning and zoning commission for its consideration in the review process.

E. The city forester shall have supervision of all work by city employees or contractors in the pruning, preservation, planting or removal of trees or other plantings in the right-of-way of city streets.

F. Pruning methods for trees in the right-of-way of city streets by utility companies, city departments and private owners shall be developed in consultation with the city forester.

G. The city forester shall issue all trees and plantings permits for work in compliance with this chapter. He or she shall have authority to affix reasonable conditions for the grant of a permit hereunder, and shall supervise work done under the permit.

12.40.040 -Permit required.

A. No person shall plant or remove trees or other plants in street rights-of-way or boulevards, as defined in this chapter, without first applying for and receiving a permit from the city forester.

B. A permit shall be denied if the planting will create a public danger or nuisance.

C. A permit shall be issued when the city forester finds that the method and workmanship will be satisfactory and that, when arborists are engaged they are competent and licensed by the city, as provided in this chapter, and that new plantings will conform to the tree planting regulations.

D. Utility companies shall operate under an annual or semi-annual permit with program pruning under conditions agreed upon with the city.

E. Tree contractors are required to obtain an annual permit to operate in the City of Decorah. An owner of a tree contractor business (herein referred to as “contractor”) may obtain the permit on behalf of the business, and the owner is responsible for all employees and agents of the tree contractor business complying with all applicable city and state codes. Permits may be obtained at City Hall. To comply, the contractor must complete an application for a tree contractor permit and provide:

1. contact information;

2. evidence that the tree contractor has in force a public liability insurance policy written by a company authorized to transact business in the state for the principal sum of not less than $100,000.00 liability to any one person or $500,000.00 liability on account of any one accident and $50,000.00 dollars property damage;

3. confirmation that the contractor has read the City of Decorah trees and shrubbery ordinance; and

4. to indemnify and hold harmless the city and its employees, officers, and agents from any and all claims, damages, losses and actions, by reason of any acts or things done under or by authority or permission granted to the tree contractor by this chapter.

Failure or refusal to comply with this provision shall result in a violation of this section and is subject to punishment as a municipal infraction.

12.40.050 -Duties of abutting property owners.

It shall be the duty of the abutting property owner or any person planting or growing a tree or other plantings on a boulevard to:

A. Plant any tree, shrub or other planting in the right-of-way of city streets in accordance with city regulations, and to prune and care for any such planting. It is the duty of the property owner to contact Iowa One Call prior to planting.

B. Prune trees or plantings so that they will not cause a hazard to the public or block public walks or ways or interfere with proper lighting of public streets and places. The minimum clearance of any overhanging portion shall be eight feet over walks and fourteen feet above the surface of the street or alley. The minimum clearance over arterial streets {Mechanic St., Locust Rd., College Dr., Montgomery St., Division St.) shall be sixteen feet.

C. Not plant any tree or other planting on private property which would cause a public danger or nuisance.

D. Treat in an acceptable manner any tree or plant so diseased or insect ridden as to constitute a hazard to other trees, and especially those dangerous to trees,

plants, or people in public streets or places.

E. Not plant any tree on the current list of prohibited species compiled by the tree board and approved by the city council, and available with lists of approved species at city hall; and plant only species listed as small trees under any overhead utility wire; and elsewhere in the right-of-way of city streets plant only species on the lists of approved shade trees and small trees (property owners are encouraged to consult the list of approved trees when planting on private property).

F. Not plant any tree where the distance between a curb and a detached sidewalk is less than four feet. Center trees in the planting strip when the distance between curb and detached sidewalk is eight feet or less.

G. Not plant any tree closer than four feet to an alley right-of-way line, or closer than six feet to driveways, or closer than twenty-five feet to the point of intersection of the right-of-way lines at any corner, or within ten feet of any fireplug, or closer to a street than thirty inches back from the curb, except where approved by the city forester.

H. Not plant any trees closer together than forty feet between shade trees and thirty feet between small trees except where approved by the city forester.

I. Not top any trees on public property. It shall be unlawful as a normal practice for any person, firm, or city department to top any tree within the right-of-way of city streets or any other public property. Topping is defined as the severe cutting back of limbs or stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted at the determination of the city forester.

12.40.060 -Removal of trees.

A. A removal permit from the city forester is required before the removal of any boulevard tree.

B. The city forester shall have the authority to evaluate the health of any tree located on private property and shall have the authority to determine whether said tree is dead or dying. The city forester may, at his or her discretion, declare such tree to be a nuisance and order removal by the property owner.

C. The owner, occupant or person in charge of any property shall remove, at his or her own expense, any tree, brush, wood or debris harboring insects or disease which constitute a potential threat to other trees within the city, when so notified by the city forester. The city forester shall cause to be mailed to such owner, occupant or person written notice that they may appear before the city council at an appointed time not less than fourteen days from the date of mailing to show cause why said tree, brush, wood or debris should not be declared a public nuisance. At said meeting the city council may resolve and declare the same to be a public nuisance and may order its removal by said owner, occupant or person.

D. in the event said owner, occupant or person fails to comply with the resolution and order of the city council to so remove said public nuisance, the city forester shall cause said public nuisance to be removed and shall submit the costs incident to said service and removal to the city council which shall certify the same to the county auditor for collection with and in the same manner as general property taxes.

12.40.070 -Obstruction of enforcement.

It is unlawful for any person to hinder, obstruct or otherwise interfere with the agents or employees of the city, while engaged in carrying out the provisions of Section 12.40.060 upon order of the council made thereunder.

12.40.080 -Abuse or mutilation of trees.

No person shall willfully damage, cut, carve, pick the seeds of, or injure the bark of any tree or plant on the right-of-way of city streets or public places of the city. Tree pruning shall be done in accordance with good practice and regulations of the city.

12.40.090 -Tree board established. The council shall designate a tree board.

A. The tree board shall work with the city forester, park and recreation commission, private organizations and others to promote the planting and care of trees in Decorah in accordance with regulations and procedures approved by the council and filed in the office of the city clerk.

B. The tree board shall have seven members appointed to staggered three-year terms.

C. The tree board shall choose its own officers annually.

12.40.100 -Powers and duties.

The primary task of the tree board is to facilitate the planting and care of trees in Decorah through a variety of means. The board shall have and exercise the following powers and duties:

A. Advise the mayor and council concerning trees and related issues by means of annual and special reports.

B. Pursue funding opportunities and grants to supplement a tree line item in the city budget.

C. Develop, review annually and update as necessary a plan for the replacement, maintenance and addition of trees to the City of Decorah including a special program to assist residents in planting boulevard trees.

D. Coordinate activities with city/county personnel and private organizations whose job also involves trees such as the city forester, park and recreation director, city street department, utility companies, schools, Luther College and Upper Exploreriand Regional Planning Commission.

E. Provide Decorah residents with information about the value of trees to individuals, families and the community, and about the proper planting, mulching, watering, pruning and maintenance of trees.

F. Work with utility companies and city departments to pursue proper pruning procedure to maintain tree beauty and health.

12.40.110 -Appeals Process

Citizens desiring an exception to a decision of the city forester shall submit a written appeal to the City Manager within 60 days of said decision. A decision on the appeal shall be made within 60 days of submittal to the City Manager.

2. That Section 5.04.270-Tree Surgeon, of Chapter 5.04-Certain Businesses Licensed-of the Municipal Code of the City of Decorah, Iowa, is hereby amended by deleting Section 5.04.270 in its entirety and adopting in lieu thereof the following:

5.04.270 -Tree contractor. Tree contractors are required to obtain an annual permit to operate in the City of Decorah in accordance with City Code Section 12.40.040.

Repealer. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.

Severability Clause. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional.

When Effective. This Ordinance shall be in effect upon its passage, approval and publication as provided by law. Date of First Reading: 2/18/2019 Date of Second Reading: 3/4/2019 Roll Call Vote:

Councilmen Voting Aye: Schissel, Bellrichard, Carlson, Luse, Hadley, Bergan, Johnson Councilmen Voting Nay:

PASSED AND ADOPTED this 7th day of March, 2019.

Lorraine Borowski, Mayor ATTEST:

Wanda Hemesath, City Clerk-Treasurer

I hereby certify that the above Ordinance 1232 was published on the 12th day of March, 2019, in the Decorah Newspaper.

Wanda Hemesath, City Clerk-Treasurer Decorah(Iowa) Public Opinion

March 12, 2019

Decorah MetroNet 28E Board Meeting March 7, 2019 12:00pm

Decorah City Hall Council Chambers Minutes

Members attending:

Jon Lubke (representing Winneshiek County)

Brian Lensch (representing Winneshiek Medical)

Chad Bird (representing City of Decorah) Chopper Albert -City of Decorah Mark Franz (representing Luther College) Adam Forsyth –Luther College Also attending: Adam Ramseth Absent:

Steve Smith –Winneshiek County Jim Schwan –Winneshiek Medical

Kurt DeVore (representing Decorah Schools)

Consider approval of December 21, 2018 regular meeting and the October 18, 2018 tech committee minutes

Motion by Franz and second by Lubke to approve the minutes of the December 12, 2018 regular meeting minutes and October 18, 2018 tech meeting minutes. No further discussion.

Roll call vote; motion carried unanimously. Consider approval of claims

a. Fuse Technic, LLC , BGP changes, $525.00

b. R & S Fiber Optic Services, troubleshooting / MicroTik and IRHTP route, $3,114.00

Motion by Franz and second by Lubke to approve and pay the claims as presented. No further discussion.

Roll call vote; motion carried unanimously.

Discussion and Update on Telecommunications Utility Board progress

Bird and Albert updated the board on the work

of the telco board. They noted the Board had presented their final findings to the city council on Monday, March 4, 2019. Bird noted he would send a final report to the DMN Board.

Albert noted the Board had four recommendations of the council:

1. Maintain the Communications Utility Board’s active status for the purpose of investigating, learning and making recommendations to the city council into the future anticipating changes that might alter the current feasibility assessment.

2. The creation of a legal vehicle to create a fund to designate dollars toward a FTTP project. Such a fund might include an internal reserve fund or a quasi-endowment type fund, which could receive contributions for a specific purpose.

3. Adoption of a policy that the City installs underground conduit when Alliant, or any other utility entity, digs trenches. This is potential for realized revenue to the city.

4. Establishing a franchise agreement between Alliant and the City of Decorah to enable the potential for partnership (or mutually beneficial agreements) on FTTP projects.

There was general discussion about each recommendation and comments about reasons the network proposal is not feasible.

Discussion on possible dark fiber lease

Albert noted there is a vendor interested in a potential fiber lease and he explained some of the parameters of such a proposal. He noted there is the possibility the vendor would build spurs of fiber off the MetroNet network, donate those new builds to the MetroNet then seek a long-term lease of full path dark fiber access. The board spoke receptively of the concept and asked Albert to bring a map and formal proposal back for action.

Albert also mentioned to other possible proposals being developed and there was general discussion. One included obtaining some abandoned fiber line, the other may include obtaining additional bandwidth beyond 10Gig.

Discussion and update on other tech issues

a. Fiber connectivity issues and possible repairs b. Router updates, timing, and task assignments / IP addressing project

There was general conversation about making additional changes over Luther College’s spring break time frame. The tech members discussed timing and work tasks.

Other business

c. Propose airport spur extension

Bird and Albert outlined a proposed fiber run to the airport and that they are working on funding for the build at this time. Adjourn

There was no other business and the meeting was adjourned at 1:28pm with motion and second by Lensch and Bird. respectively.

Respectfully submitted

Chad A. Bird Decorah(Iowa) Public Opinion March 12, 2019

Members Present: North Fayette Valley -Duane Willhite, Allamakee –Jay Mathis and Jaime Curtin; Oelwein –Josh Ehn and Michael Rueber; Postville and North Winneshiek –Tim Dugger and Melissa Fettkether; Starmont-Troy Heller and Christen Bockenstedt; Howard Winneshiek –Ted Ihns, Robyn Lane and Wendy Twait; South Winneshiek –Kris Einck, Kris Smith, and Lori Herold; New Hampton –Jay Jurrens; Decorah –Mike Haluska and Darlene Woodhouse; Midwest Group Benefits (MGB) staff –Pam DePuew and Rachel Narum; Group Benefit Partners (GBP) staff -Brian Huinker and Justin Pieper

Absent: None

The March 5, 2019 Northeast Iowa School Insurance Trust (NEISIT) Board meeting was called to order at 9:30 am by board president Tim Dugger.

Motion by Decorah, second South Winn, to approve maintaining dental rates at current FY19 rates for the FY20 year. Motion carried unanimously.

Motion by Oelwein, second by Allamakee, to approve minutes from December 18, 2018, financial reports, and 2nd Qtr. reports. Carried unanimously.

Financials presented: 1. December 2018

a. b. c. 2. a. b. c.

d. Silver Stone $13, 500.00

e. Swisher and Cohrt $35.00 Old Business:

Information on the NEISIT Audit was shared and reviewed. It was also discussed that Midwest will put a link on their website for access to meeting agenda and minute information, which districts can point to for reference.

New Business:

Lacie Litton, Kelly Johnston, and Karim Amiry, Wellmark representatives, presented information on key factors for Wellmark underwriting and cause for first year of double-digit rate increases, along with utilization and impacts to plan performance, and plan considerations. The rate increases for NEISIT are 12.76%, aggregately including consultant fees.

GBP and MGB employees provided information on other carrier quotes, plan comparisons, costing, and rate options. Discussion was held regarding which plans should be offered and rates for the FY20 year.

New Hampton made a motion, second by Oelwein, to approve the following plans and rates for FY20. Carried unanimously via roll call vote.


Starmont and New Hampton are working to implement the use of Navigator. The system can

benefits by showing various rate options. Motion by Starmont, second by New Hampton,

to adjourn at 12:40 pm. Carried unanimously.

Melissa Fettkether North Winneshiek CSD

Decorah(Iowa) Public Opinion March 12, 2019